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Country: Viet Nam - Subject: Freedom of association, collective bargaining and industrial relations

  1. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 27/2014/TT-BLDTBXH concerning Guidelines for the management of consultation between State Administrative Agencies and representative organizations of workers and employers in the formulation of labour policies, law and labour relations. - Legislation on-line

    Adoption: 2014-10-06 | VNM-2014-M-97020

  2. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decree No. 54/2014/ND-CP concerning consultation between State Administrative Agencies and representative organizations of workers and employers in the formulation of labour policies, law and labour relations. - Legislation on-line

    Adoption: 2014-05-26 | VNM-2014-R-97021

  3. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Circular No. 1354/QD-BLDTBXH amending Circular No. 08/2013/TT-BLDTBXH of 10 June 2013, guiding the Government's Decree No. 46/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labour Code regarding labour disputes. - Legislation on-line

    Adoption: 2013-09-16 | VNM-2013-R-97040

  4. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decree No. 60/2013/ND-CP of June 19, 2013 detailing clause 3, Article 63 of the Labour Code regarding the implementation of regulations on grassroots democracy at workplace. - Legislation on-line

    Adoption: 2013-06-19 | Date of entry into force: 2013-08-15 | VNM-2013-R-94441

    CHAPTER I - General Provisions
    CHAPTER II - Contents of Regulations on Grassroots Democracy at the Workplace
    CHAPTER III - Forms of Exercising Democracy at the Workplace
    Section 1: Dialogue at the workplace
    Section 2: Employee conferences
    Section 3: Other forms of democracy exercise
    CHAPTER IV - Implementation Provisions

  5. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 08/2013/TT-BLDTBXH of 10 June 2013, guiding the Government's Decree No. 46/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labour Code regarding labour disputes.

    Adoption: 2013-06-10 | Date of entry into force: 2013-07-01 | VNM-2013-M-94440

    This Circular guides the recruitment, appointment, re-appointment and assignment of labour conciliators for participating in labour dispute settlement, and relief from duty of labour conciliators as prescribed in the Government's Decree No. 46/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labour Code regarding labour disputes.

  6. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decree No. 43/2013/ND-CP of May 10 2013, detailing Article 10 of the Trade Union Law on trade unions' rights and responsibilities to represent and protect the rights and legitimate interests of employees.

    Adoption: 2013-05-10 | Date of entry into force: 2013-07-01 | VNM-2013-R-94443

    Article 1. Scope of regulation
    Article 2. Subjects of application
    Article 3. Trade unions' rights and responsibilities to guide and counsel employees on their rights and obligations when concluding and performing labour or working contracts with employers
    Article 4. Trade unions' rights and responsibilities to represent employees' collectives in negotiating and signing, and supervising the implementation of collective labour agreement
    Article 5. Trade unions' rights and responsibilities to join employing units in elaborating, and supervising the implementation of wages scales and tables, labour norms, regulations on wage payments and bonus, and internal working regulations
    Article 6. Trade unions' rights and responsibilities to hold dialogues with employing units for settlement of matters related to the benefits and obligations of employees
    Article 7. Trade unions' rights and responsibility to organize legal counseling for employees
    Article 8. Trade unions' right and responsibility to join competent agencies, organizations and persons in settling labour disputes
    Article 9. Trade unions' rights and responsibilities to propose competent organizations and state agencies to consider and settle infringements upon the rights and legitimate interests of employees' collectives or individual employees
    Article 10. Trade unions' rights and responsibilities to represent labour collectives in initiating lawsuits at courts against infringements upon the rights and legitimate interests of employees collectives; and represent employees in initiating lawsuits at courts against infringements of the rights and legitimate interests of individual employees under their authorization
    Article 11. Trade unions' rights and responsibilities to represent labour collectives and employees in participating in legal proceedings in labour, administrative and corporate bankruptcy cases
    Article 12. Trade unions' rights and responsibilities to organize and lead strikes
    Article 13. Immediate higher-level trade unions' rights and responsibilities to represent and protect the rights and legitimate interests of employees.
    Article 14. Higher-level trade unions' rights and responsibilities
    Article 15. Responsibilities of employing units and involved agencies, organizations and persons
    Article 16. Effect
    Article 17. Implementation responsibilities

  7. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decree No. 46/2013/ND-CP of May 10, 2013, detailing a number of articles of the Labour Code regarding labour disputes.

    Adoption: 2013-05-10 | Date of entry into force: 2013-07-01 | VNM-2013-R-94446

    This Decree provides criteria for, and competence to appoint, labour conciliators; postponement and cancellation of strikes, and settlement of rights and benefits of employees' collectives in case of postponement or cancellation of strikes.

  8. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decree No. 41/2013/ND-CP of May 8, 2013, detailing the implementation of the Labour Code's Article 220 on the list of employing units in which strikes are prohibited and settlement of demands of employees' collectives in these units.

    Adoption: 2013-05-08 | Date of entry into force: 2013-06-23 | VNM-2013-R-94442

    Article 1. Scope of Regulation
    Article 2. Subjects of application
    Article 3. List of employing units in which strikes are prohibited
    Article 4. Settlement of demands of employees' collectives in employing units in which strikes are prohibited
    Article 5. Receipt and settlement by state management agencies of demands of employees' collectives for rights and interests
    Article 6. Organization of implementation
    Article 7. Effect
    Article 8. Implementation responsibilities

    List of employing units in which strikes are prohibited included in the annex. Includes companies in the following sectors:
    - power protection and transmission and regulation of power systems;
    - oil and gas exploration and exploitation; gas production and supply;
    - aviation and maritime safety assurance;
    - provision of telecommunications network infrastructure; postal services for state agencies;
    - clean water supply, water drainage and environmental sanitation in centrally run cities; and
    - direct services for security and national defence.

  9. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Statutes of the Vietnamese Trade Unions amendment [adopted at the XIth National Congress of Vietnamese Trade Unions] (Dieu le Công doàn Viet Nam) - Legislation on-line

    Adoption: 2013 | VNM-2013-M-94504

  10. Viet Nam - Freedom of association, collective bargaining and industrial relations - Law, Act

    Trade Unions Law (No. 12/2012/QH13). (Luât Công doàn) - Legislation on-line Legislation on-line

    Adoption: 2012-06-20 | Date of entry into force: 2013-01-01 | VNM-2012-L-91648

    CHAPTER I - GENERAL PROVISIONS
    Article 1. Trade union
    Article 2. Scope of regulation
    Article 3. Subjects of application
    Article 4. Interpretation of terms
    Article 5. Rights to establish, join and operate trade unions
    Article 6. Principles of organizing and operating trade unions
    Article 7. Organizational system of trade unions
    Article 8. International cooperation on trade unions
    Article 9. Prohibited acts

    CHAPTER I - RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS AND THEIR MEMBERS
    SECTION 1: Rights and Responsibilities of Trade Unions
    Article 10. Representation and protection of the rights and legitimate interests of employees
    Article 11. Participation in State management and socio-economic management
    Article 12. Submission of draft laws and ordinances and policy-making and legislative proposals
    Article 13. Participation in sessions, meetings and congresses
    Article 14. Participation in inspection, examination and supervision of activities of agencies, organizations and enterprise
    Article 15. Advocacy, mobilization and education for employees
    Article 16. Development of trade union members and grassroots-level trade unions
    Article 17. Rights and responsibilities of immediate higher-level trade unions toward employees in non-unionized agencies, organizations and enterprises
    SECTION 2: Rights and Responsibilities of Trade Union Members
    Article 18.Rights of a trade union member
    Article 19. Responsibilities of a trade union member

    CHAPTER III - RESPONSIBILITIES OF THE STATE, AGENCIES, ORGANIZATIONS AND ENTERPRISES TOWARD TRADE UNIONS
    Article 20. Relation between trade unions and the State, agencies, organizations and enterprises
    Article 21. Responsibilities of the State toward trade unions
    Article 22. Responsibilities of agencies, organizations and enterprises toward trade unions

    CHAPTER IV - ASSURANCES FOR TRADE UNION ACTIVITIES
    Article 23. Assurance of organization and personnel
    Article 24. Assurance of conditions for trade union activities
    Article 25. Assurance for trade union representatives
    Article 26. Finance of trade unions
    Article 27. Management and use of finance of trade unions
    Article 28. Assets of trade unions
    Article 29. Examination and supervision of finance of trade unions

    CHAPTER V - SETTLEMENT OF DISPUTES, HANDLING OF VIOLATIONS OF THE LAW ON TRADE UNIONS
    Article 30. Settlement of disputes over trade union rights
    Article 31. Handling of violations of the Law on Trade Unions

    CHAPTER VI - IMPLEMENTATION PROVISIONS
    Article 32. Effect
    Article 33. Implementation detailing and guidance

  11. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decree No. 45/2010/ND-CP of Apirl 21, 2010, on the organization, operation and management of associations. (Nghị định 45/2010/NĐ-CP quy định về tổ chức, hoạt động và quản lư hội) - Unofficial English Translation Decree in Vietnamese

    Adoption: 2010-04-21 | Date of entry into force: 2010-07-01 | VNM-2010-R-84259

    Made pursuant to Order No. 102/SL/L004 of May 20 1957, promulgating the Law on the Right to Establish Associations.
    Provides for the organization, operation and state management of associations. "Association" under this Decree means a voluntary organization of Vietnamese citizens or institutions with the same business or interest or in the same circle that unite for a common goal and operate regularly and disinterestedly to protect lawful rights and interests of the association, its members and the community; and support one another to operate effectively, contributing to national socio-economic development. Associations shall be organized and operate under this Decree and relevant legal documents.

    Replaces the Government's Decree No. 88/2003/ND-CP of July 30 2003, on the organization, operation and management of associations.

  12. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 17/2009/TT-BTC guiding the deduction, remittance and use of trade union dues by foreign-invested enterprises and executive offices of foreign parties to business cooperation contracts.

    Adoption: 2009-01-21 | VNM-2009-M-82228

    Provides for the deduction, remittance and use of trade union dues by foreign-invested enterprises and executive offices of foreign parties to business cooperation contracts.

  13. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Statutes of the Vietnamese Trade Unions [adopted at the Xth National Congress of Vietnamese Trade Unions]. (Dieu le Công doàn Viet Nam) - Legislation on-line

    Adoption: 2008-11-05 | VNM-2008-M-94503

    Provides guidelines, goals, organization and operation principles and organizational structure of trade unions. The Statutes are adopted and amended during the National Congress of Vietnamese Trade Unions.

  14. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Joint Circular No. 07/2008/TTLT-BLDTBXH-BTC guiding the implementation of the Government's Decree No. 11/2008/ND-CP providing compensation for damage caused by unlawful strikes to employers.

    Adoption: 2008-05-30 | VNM-2008-M-80842

    Provides for the responsibilities, levels and forms of compensation for organizations and individuals involved in strikes causing damage to employers when such strikes are declared unlawful by the people's court under Article 1 of Decree No. 11/2008/ND-CP.

  15. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decree No. 11/2008/ND-CP providing compensation for damage caused by unlawful strikes to employers.

    Adoption: 2008-01-30 | VNM-2008-R-80507

    CHAPTER I GENERAL PROVISIONS
    Article 1 - Scope of governing
    Article 2 - Subjects of application
    Article 3 - Compensation principles
    CHAPTER II PROVISIONS ON COMPENSATION
    Article 4 - Compensation responsibilities
    Article 5 - Compensation request
    Article 6 - Determination of damage for compensation
    Article 7 - Requested level of compensation
    Article 8 - Negotiation on levels of compensation in enterprises
    Article 9 - Suing for damages
    Article 10 - Compensation
    CHAPTER III IMPLEMENTATION PROVISIONS
    Article 11 - Implementation effect
    Article 12 Guidance and implementation responsibilities

  16. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 23/2007/TT-BLDTBXH guiding the organization and operation of labour arbitration councils.

    Adoption: 2007-10-23 | VNM-2007-M-81555

    I. Tasks and powers of labour arbitration councils
    II. Organization of labour arbitration councils
    III. Procedures for conciliation, settlement of labour disputes by labour arbitration councils
    IV. Organization of implementation

  17. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decree No. 96/2006/ND-CP guiding the implementation of article 153 of the Labour Code regarding provisional trade union executive boards in enterprises.

    Adoption: 2006-09-14 | Date of entry into force: 2006-10-11 | VNM-2006-R-75354

    Provides for the designation of provisional trade union executive boards in enterprises, their rights and responsibilities and the responsibilities of state agencies, trade union organizations and labour users.
    Issued under section 153 of the Labour Code and the Law on Trade Unions (of 30 June 1990).

  18. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Official Dispatch No. 12/VPCP-DMDN.

    Adoption: 1999-04-03 | VNM-1999-M-56208

    Corrects a printing error in Clause 1, Article 1 of the Regulation on Exercising Democracy in State Enterprises.

  19. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decree No. 07/1999/ND-CP promulgating the Regulation on exercising democracy in State enterprises.

    Adoption: 1999-02-13 | VNM-1999-R-56202

    Seeks to improve workers' participation rights in state enterprises. Chapter II determines which matters are to be announced by the Managing Board, Chapter III which matters shall require consultation with workers before they are decided by the Managing Board, and Chapter IV the issues to be decided by workers. Chapter V provides for workers' rights to supervision and inspection.

  20. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decree promulgating regulations on establishment of foreign business associations in Vietnam (No. 08-1998-ND-CP).

    Adoption: 1998-01-22 | Date of entry into force: 1998-02 | VNM-1998-R-49385

    Permits foreign-owned businesses to establish voluntary associations. Such associations may be established by a community of at least 30 businesses of the same nationality.

  21. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decree No. 58-CP of May 31, 1997 on the Wage Payment and Settlement of other interests for on-strike labourers.

    Adoption: 1997-05-31 | Date of entry into force: 1997-06-15 | VNM-1997-R-47431

    The determination of wages and settlement of other interests of employees for the days they are on strike shall be based on the Court's decision whether a strike is legal or not. In the event of a legal strike in which the employer is at fault, wages shall be covered in full by the employer. If the employer is not at fault, wages shall be negotiated and agreed upon by the executive committee of the local trade union and the employer. If the strike is illegal and the employer is at fault, wages shall be covered between 50-70 per cent by the employer. If the employer is not at fault, no wages shall be due for workers participating in an illegal strike.

  22. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 12-LDTBXH/TT of April 8, 1997 guiding the Petition to Adjust the List of Enterprises not Allowed to Stage a Strike.

    Adoption: 1997-04-08 | Date of entry into force: 1997-05-01 | VNM-1997-M-47432

    Sets forth criteria for inclusion of an enterprise on a list of enterprises which shall be prohibited from going on strike. Enterprises which shall not go on strike include those for which the State provides capital or holds prevailing shares, enterprises which produce products for the military, and public utility companies providing services which, if suspended due to a strike, would cause hardship for more that 30 per cent of the population of a city or industrial area. Implements section 3 of Decree No. 51-CP of 29 August 1996.

  23. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 10-LDTBXH/TT providing guidance on the organization and operation of the grassroots reconciliation council and the labour offices of districts, cities, towns and townships of the provinces and cities directly under the central government.

    Adoption: 1997-03-25 | Date of entry into force: 1997-04-10 | VNM-1997-M-46998

    Requires enterprises with more than 10 employees to set up Grassroots Labor Reconciliation Councils. Foreign enterprises are excluded for this requirement. The Council shall comprise an equal number of representatives from employer and employees, and shall be charged with settling collective and individual labour disputes, including matters related to termination of employment. Also provides for the appointment of a labour reconciliator at the district level to settle labour disputes in enterprises with fewer than 10 employees.

  24. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Decision promulgating provisional regulations on organization and operation of labour conciliatory councils of enterprises (No. 1208-QD-UB-NC).

    Adoption: 1997-03-18 | VNM-1997-M-50133

    Regulates the organization and proceedings of works councils which shall resolve labour disputes within enterprises.

  25. Viet Nam - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular on Establishment of Provincial Labour Arbitration Councils (No. 02-LDTBXH-TT).

    Adoption: 1997-01-08 | VNM-1997-M-49383

    Governs the duties, powers, and structure of Provincial Labour Arbitration Councils. Pursuant to decision 744-TTg of 8 October 1996 on the establishment of provincial arbitration councils.

  26. Viet Nam - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Decision of the Prime Minister No. 465 - TTG of 27 August 1994 to promulgate Regulations on the system of industrial relations between the Government and the Viet Nam General Federation of Labour.

    Adoption: 1994-08-27 | VNM-1994-R-43888

    The Decision sets out certain aspects of the system of coordination between the Government and the VNGLF in dealing with matters concerning the latter's powers, in order to promote its role in various relevant areas. Provides for consultation with and the participation of the VNGLF in preparing legislation, policies and measures concerning labour and workers' protection, and the interests, rights and obligations of workers. Also provides for participation of the VNGFL in the supervisory bodies for the implementation of the measures concerned; coordination in handling and regulating problems; assistance of the Ministry of Foreign Affairs in the international relations of the VNGFL; procedures for informing and relations between governmental authorities and the VNGFL; and reciprocal representation at meetings.


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